Can I claim compensation for a trip and fall accident caused by a pothole in the road?

Trip and fall accidents caused by potholes or other defects in the road are a common cause of public liability claims, or employer liability claims where the accident occurs on workplace premises. Whether you can claim compensation will depend on factors such as who was responsible for maintaining the road, how long the defect existed, and whether reasonable steps were taken to inspect and repair it.

Below is a real-life accident scenario involving a fall caused by a pothole on a public road, followed by guidance on when a compensation claim may be possible.

Trip and Fall Accident Caused by a Pothole in the Road – Scenario

I was crossing road close to a friend’s house and as I took a couple of steps I tripped and fell landing badly. Luckily no cars were approaching. I got up quickly and sat at the side of the road. My right wrist was badly swollen.

I phoned my friend on her mobile and she came to help me. In the road there was a pothole a foot square I would say about 3 inches deep.

When my friend arrived she said that the pothole had been in the road for the best part of a year and getting worse. But because it was a very quiet road the council were not in a rush to repair it.

My friend took me to hospital and I was diagnosed with a fractured wrist.

Can You Claim Compensation for a Trip and Fall Accident Caused by a Pothole?

As long as you can show that the council were at fault for not repairing a road under their control you should be able to make a trip and fall accident claim as a result of a trip on a pothole in the road.

You will need a UK specialist personal injury solicitor to make the claim for you, but as your personal injury – a fractured wrist – is worth over £1,500 you should be able to claim the bulk of your legal costs back from the council in addition to your compensation.

The process in determining whether you have a pothole trip and fall accident claim, include:

Who Was Responsible for Repairing the Pothole?

You have already indicated that the council were responsible for the maintenance of this road – if there is any doubt a simple enquiry with the council plans office will reveal who is responsible for that particular road.

Was the Pothole Large Enough to Be Dangerous?

The size of the pothole in the road you have described is certainly large and deep enough to be dangerous to members of the public such as yourself.

How Long Had the Pothole Been There?

You say your friend lived nearby and knew of the hole for approximately a year. The council certainly should have repaired such a large tripping hazard within this time period.

Did the Council Know About the Pothole?

Your friend says that complaints had been made by residents and yet the council failed to act. In addition the council should have checked roads within their control every 6 months or so and had it done so it would have realised the safety risk of such a large hole to pedestrians.

How Can You Prove the Pothole Caused Your Accident?

You should take some photos of the scene of your accident. A measuring device, such as a ruler, should be clearly shown giving the dimensions of the hole including the depth.

It is also useful to take the names and addresses of any witnesses to your fall. Plus any witnesses as to the existence of the pothole and previous complaints to the council..

See our slip trip fall claim guide. Learn in plain English all the steps you should take to make a trip and fall accident claim as a result of hazard such as a pothole in the road

Why You Should Use a Specialist Trip and Fall Solicitor

Do not attempt to make a trip and fall accident claim yourself. You will find the council will deny responsibility or offer a very small sum of compensation for your injury.

The trauma you suffered – a fractured wrist – is beyond the small claims limit.

Therefore, you will be able to instruct a solicitor using a no win no fee agreement. The majority of your legal costs for making a compensation claim can be paid by the council).

See our trip slip fall claims solicitor article. Find out how to choose the best solicitor to make your pothole trip and fall accident claim

Free Initial Consultation with a Specialist Trip and Fall Solicitor

We can help you free of charge in a number of ways if you are injured in a pothole trip and fall accident.

You can not only speak direct to a specialist solicitor, but also have your questions answered.